unit 3 Flashcards

1
Q

what is the realtionship between the CPS and the court

A

prepare and present prosecution in court

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2
Q

relationship with HM court

A

involved in judicial law making

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3
Q

relationship between probation and HMP/ policeS

A

liase with police if there is an issue with offenders
liase with HMP if offender is recalled

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4
Q

relationship between HM and police

A

liase to ensure safe delivery of defendant
recieves those in police custody

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5
Q

what does crime control emphasise on

A

the role of the CJS in reducing and preventing crime by prosecuting and punishing the guilty

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6
Q

what does crime control say about the CJS

A

the CJS protects and serves the public through crime reduction

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7
Q

what theory is linked to crime control

A

right realism as they favour giving police greater powers

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8
Q

what is crime control described as

A

a conveyour belt to conviction where some innocent convicted as ultimate goal is convicting

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9
Q

what does due process emphasise on

A

the rights of the defendant through the presumtion of innocene, equality before the law and the right to a fair trial

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10
Q

what does due process say about the CJS

A

criminal justice should be an obstacle course to conviction as the rights of the defendant should be acknowledged at each step

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11
Q

what theory links to due process

A

left realism as they favour PACE 1984

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12
Q

what is social control

A

enforcement of certain norms and values by society

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13
Q

what is an internal form of social control

A

morality, values, traditions, religions, culture

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14
Q

what is moral conscience

A

freud says we follow society’s expectations because our superego tells us to and it makes us feel guilt

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15
Q

what is tradition

A

through socialisation we accept culture and conform to be accepted by society

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16
Q

what is internalisation of social rules and morality

A

we interbalise society’s rules and use them to tell us what is right and wrong

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17
Q

what is an external form of social control

A

family, friends, peers, teachers, agencies of control

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18
Q

how do agencies of social control make us conform

A

through cohersion (use of force to achieve outcome)
through fear of punishemnt (x2 detterent )

example: life imprisonment

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19
Q

what is retribution

A
  • inflicting punishment on offenders as punishment
  • ‘just deserts’, offenders need to be punished for breaking society’s moral codes
  • the punishment should be propionate to the crime committed
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20
Q

what are some critisms for retribution

A

-offenders deserve forgiveness
- no help preventing future crime

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21
Q

what theories link to retribution

A

-rational choice theory- offenders think through actions so should be punished

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22
Q

what is rehabilitation

A

-punishment used to reform offenders
- reintroduces offender into society
- education, training, drug treatment and testing

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23
Q

what are some critisms to rehabilitation

A
  • right realists: short term
  • marxism: shifts the blame from captalism to offenders failings
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24
Q

what theory links to rehabilitation

A
  • eyesneck’s personality theory: favoured aversion therapy
  • cognitive theories: favour CBT and ART in reforming offenders
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25
Q

what is detterence

A
  • general and individual
  • punishment should be based on severity and be proportinate and not torment
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26
Q

what are some critisms for detterence

A
  • half of offenders released in the first year re-offend
  • how do we decide how severe a punishment is?
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27
Q

what theory links to detternce

A

right realists favour deterrence as a form of crime prevention

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28
Q

what is public protection

A
  • incapacitation, removing offenders physical ability to offend
  • protects society from dangerous criminals
  • electronic tagging, chemical castraction of sex offenders
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29
Q

what are some critisms to public protection

A
  • incapication leads to longer sentences and ‘wharehousing’ of offenders
  • unjust to imprison for crimes they may commit
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30
Q

what theory links to public protection

A
  • lombroso favoured detining criminals on an island far away
  • right relism: incapacitation decreases crime rate
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31
Q

what is reparation

A

-offenders make amends to soceity and individual
- through financial or unpaid work
- restorative justice is where offenders make amends to the victim by connecting with them and showing remorse, reintroducing them into society

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32
Q

what is some critism for reparation

A
  • doesnt work on all offences: sexual/ violent
  • some say it is a too soft option and offenders get off easily
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33
Q

what theory links to reparation

A

functionalists say restorative justice is essential in balancing society

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34
Q

what type of prison sentences are there

A

custodial sentence
mandatory sentence
suspended sentence

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35
Q

how does prison work for retribution

A
  • takes away freedom
  • places un unpleasent living condtions
  • limiting privacy
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36
Q

what case links to prisons and retribution

A

Robert Maudsley: placed in a glass box, solitary confinement to serve out sentence

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37
Q

what type of commuity sentences are there

A

-community order: set conditions
- community payback: up to 400 hours of unpaid work
- treatment programmes

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38
Q

how does community sentence work for reparation, detterence and retribution

A
  • payback to community
  • harsh work, hi viz jacket
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39
Q

what are fines

A

-money paid to victim by defendant in minor offences.
-amount set by court and can be sent to prison if unpaid

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40
Q

how does fines work for reparation, deterrence and retribution

A
  • deprive of money
  • fear of punishment if not paid
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41
Q

what type of discharges are there

A

conditional: no penalty until they commit another crime in given period

unconditional: no penalty but punishment is inappropriate

42
Q

how does discharges work as a detterence

A

for first time offenders causes the fear of punishment

43
Q

how are enviromental designs used

A

built enviromental designs can affect crime rate by imfluencing offender and affecting people’s ability to control surrounding

44
Q

what are defensible spaces

A

-Oscar Newman

  • areas of clear boundaries, low crime rate due to territoriality, natural surveillance, a safe image and a protected location
45
Q

what are indefensible spaces

A

crime is likley to occur in ‘confused’ areas of public spaces (anonymous walkways/ stairwells) as they belong to no one

46
Q

what statistic of crime happens in indefensible spaces

A

55%

47
Q

what is crime prevetion through enviromental design

A
  • structure anyalisis to possible saftey issues to deter crime
  • natural surveillance: lighting, curved corners, windows facing
  • natural access control: clearly differntiate public and private spaces, single entry, low bushes and lockable gates
48
Q

what are 2 strengths for CPTED

A

1) reduce crime rates
2) deter criminals

49
Q

2 limitations for CPTED

A

1) expensive
2) doesnt tackle all crime, cyber

50
Q

what are gated lanes

A
  • narrow back lanes and quiet side street shut to general public but residents
  • lockable to stop burgulary, fly tipping, drug meet ups and anti-social behaviour
  • creates a safe play area for children
51
Q

what are 2 strengths for gated lanes

A

1) reduces crime rate
2) Safe for children

52
Q

what are 2 limitations to gated lanes

A

1) £4000 for 1
2) moves crime somwhere else

53
Q

what is the panoptican

A
  • prisoners cells are all visible by centre point guard tower but prisonrs don’t know if they are being watched
54
Q

what does the panoptican make prisoners do

A

self regulate and confrom to rules

55
Q

what are ASBOS

A

issued by the court with conditions if breach leads to arrest

56
Q

what are the aims of ASBOS

A

tells offender their behavioiur is unnacceptable and needs to stop

57
Q

what were ASBOS replaces with

A

CBOS and Civil injunctions

58
Q

what are CBOs

A

for most serious antisocial individuals, if breached max 5 years imprisonment for over 18 and up to 2yrs detention and training for under 18

59
Q

what are civil injunctions

A

for low level nuisance and annoyance. if breached max 2 yrs imprisonment for over 18 and 3 months detention for 14-17yrs

60
Q

what are token ecomomies

A

tokens exchanged for priveleges, removed for bad behaviour.
- increase desirable behaviour
- make prisoners self regulate their behaviour

61
Q

what are 2 strenghts for token ecomies

A

1) Hobbs and Halt: well for short term and all ages

2) Field 2004: well for youth but some dont respond, was then adapted for nonresponsive and works

62
Q

what are 2 limitations for token ecomomies

A

1) cohen and flipcjak: reduction of offending in 2 years but not 3
2) other stratergies, ART, more useful and long term

63
Q

aims of police

A
  • keep the peace and maintain order
  • protect life and property
  • prevent, detect and deter crime
64
Q

philosophy of police

A

summed by sir robert peel who founded the met police in 1892
- prevnt crime and disorder
- honest and intergrity
- ability to perform is based on public’s cooperation and approval

65
Q

funding of police

A
  • in 2020-21 the total budget was £15.2 billion
  • 2/3 came from central governement but most from local council tax
  • some from charging services like football matches
66
Q

working practices of police

A
  • 43 regional police forces in england and wales
  • deal with all types of offences and criminality
  • some specialise, fraud and drugs squad, traffic, mounted police
67
Q

limitations for police: finance

A
  • funding cuts over the past few years between 2010-18 by 19%
  • led to the fall in police numbers
    -more people getting away with crime
  • wayne couzens
68
Q

limitations for the police: civil and legal barriers

A

-pace 1984
- rights and freedom garunteed by the law, human rights law
- human rights to freedom of movment and a fair trial
- abu hamza

69
Q

strength for police: offences of public concern

A
  • in recent years police have made progress in prioritsing offences of public concern: domestic abuse
  • more cases reported and recorded. 2/3 of practioneers saw improvement in police approach
70
Q

strength for police: recording crime

A

since critism in 2014, police have made efforts to improve crime recording

71
Q

aims of CPS

A
  • advices the police on their investigations about lines of inquiry and evidence needed
    -prepares the prosecution side in court
72
Q

funding for the CPS

A
  • most from government, half a billion budget a year
  • some from awards from defendants
    -recovered asests confiscated from prisoners
73
Q

CPS philosophy

A
  • independent and fairness
  • honest and opennes
  • treating evryone with respect
74
Q

CPS working practices

A
  • deal with majority of offences and criminals but minor
  • national body in england and wales
  • 14 regional area teams prosecuting locally
75
Q

reasons the cps prosecute

A
  • full code test: evidential and public intrest tests
  • threshold test, not enough evidence to prosecute, reaonsable grounds to prosecute
76
Q

limitations of CPS: lack of effective media reports

A
  • newspapers often present the CPS’s performance negatively
  • criticise handling rape cases
  • cps claimed they dropped weak cases to improve conviction rate, led to victims feeling they wouldn’t get justice.
77
Q

limitations of CPS: budget cuts

A
  • 25% cuts led to loosing 1/3 of staff
  • new tech means extra work for satff
78
Q

strength of CPS: prosecution

A

in 2018 prosecuted 80,000 cases in crown court and over 450,000 in magistrates

79
Q

strength of CPS: convictions

A

84.14% of the defendants it prosecuted were convicted

80
Q

aims of judiciary

A
  • interpret and apply the law
  • manage the trial
  • explain legal issues to juries
81
Q

funding for judges

A
  • pay is decided by an independent panel “senior saleries review body”
  • district judges earn about £110,000 and Lord Chief Justice earsn £27,000
  • funded from tax
82
Q

philosophy of judges

A
  • judicial independence from govt
  • impartiality
  • integrity

make 2 oats: alleigance to king and judical oath to treat equal under the law

83
Q

working practices for judges

A
  • security of tenure: can’t be removed from office only by king
  • judicary has a clear heirachy of courts from supreme to magistartes
  • deal with all offender and crime, less serious dealt in MC
84
Q

limitations of judiary: media images

A
  • old white upper class men
  • out of touch with modern society
  • soft on crime, lenient sentences
85
Q

limtations of judiary: gender bias

A
  • lack of empathy for female victims, judge pickles
86
Q

strengths of judiary: unduly lenient scheme

A
  • allows family, members of the public and victim appeal a sentence they think is too lenient
  • for serious offences: rape, murder, robbery
87
Q

2 other strengths of judciary

A
  • independent from government
  • sign oaths to be impartial
88
Q

aims of prisons

A
  • detterence
  • retribution
  • public protection
89
Q

funding of prisons

A
  • from government, tax
  • £5.42 billion budget
90
Q

philosophy of prisons

A

“preventing victims by changing lives of offenders”
- just deserts

91
Q

wokring practices for prisons

A
  • in 2019, 121 prisons holding around 80,000 prisoners
  • 106 were public sectors run by the governemt and 15 were private.
  • deals with high risk offenders
92
Q

limitations for prisons: finance

A

budget cuts by 40% led to 30% reduction in staff
- birmingham riots

93
Q

limitations for prisons: recidivism, bromley breifing

A
  • 59,000 sent to prison in 2018
  • short prison sentences are less effective than community sentences at reducing reoffenders
  • 48% of adults are reconvicted within 1 year of release
94
Q

limitations for prisons: saftey in prisons

A
  • safty in prisons has decresed rapidly over the last 7 yeaes. prisoners and staff are less safe with more self harm assaults than ever
  • 317 deaths in the year to march 2019. doubled in the last decade
95
Q

limitations for prisons: enviroment, overcrowding

A
  • health issues, infections and mental issues combined with few staff can mean more time locked up in a cell designed for fewer inmates
  • feb 2023: population 83,000 with a useable capacity of 85,000 meaning only little spaces left
96
Q

strengths for prison:

A
  • behaviour of inmates is highly controlled inside prisons
  • access to rehabilitation and education programmes
  • deters from committing crime
97
Q

aim of probation

A

-supervise high risk offenders
- support victims of serious sexual/ violent crimes
- tackle causes of offending and enable offenders to turn their lives around

98
Q

philosophy of probation

A
  • offenders can change and become responsible members
  • believe the worth and dignity of the individual
99
Q

probation working practices

A
  • provide services for offenders
  • write pre- sentence reports
  • 35 probation trusts in the UK
100
Q

probation funding

A
  • recieve a share of the £4.6 billion with HMP
  • comes from general tax